How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ely Your Own Question
Ely
Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 3141
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
7286322
Type Your Criminal Law Question Here...
Ely is online now
A new question is answered every 9 seconds

I would like to know if it s possible in Ohio to have a 4th

Customer Question

I would like to know if it s possible in Ohio to have a 4th degree misdemeanor ( disorderly conduct) expunged if the party is not on probation or having any other trouble with the law.
JA: What state is this in? And can you tell me a little more about the charge?
Customer: Ohio. The original charge was domestic assault which occurred in the course of an argument. The parties (my son and his girlfriend ) no longer live together and have not been in a relationship for 2 plus years. The charge was reduced to disorderly conduct.
JA: Have you talked to a lawyer yet?
Customer: No.
JA: Anything else you want the lawyer to know before I connect you?
Customer: My son has two DUI's on his record . One occurred in 1999. The second occurred in 2014, a year or so after the disorderly offense. He was place on probation for 2 years because of he second DUI. He is now off probation. He attends AA faithfully, has a good job, and has not had further difficulties. He is 48 years old.
Submitted: 8 months ago.
Category: Criminal Law
Expert:  Colleen Grady replied 8 months ago.

Hello. I will help you today. I have been an attorney for 27 years. I am reviewing your question and will be back to you shortly.

Expert:  Colleen Grady replied 8 months ago.

Can you tell me if any of the DUIs resulted in a felony conviction?

Expert:  Colleen Grady replied 8 months ago.

Was the girlfriend under 18 when this incident happened? I ask because he may not qualify if she was under 18.

Customer: replied 8 months ago.
NO felony charges or convictions from the DUI's or anything else
Customer: replied 8 months ago.
No his girlfriend was over 21, in fact over 30
Customer: replied 8 months ago.
I do not want to call you. Please just answer the questions I have submitted .
Customer: replied 8 months ago.
Are you going to respond?
Expert:  Colleen Grady replied 8 months ago.

I am preparing a response.

Expert:  Colleen Grady replied 8 months ago.

I am sorry to say your son does not qualify. He would not be considered an "eligible offender" because he has more than two misdemeanor convictions. Here is what the law says:

"

2953.31 Sealing of record of conviction definitions.

As used in sections 2953.31 to 2953.36 of the Revised Code:

(A) "Eligible offender" means anyone who has been convicted of an offense in this state or any other jurisdiction and who has not more than one felony conviction, not more than two misdemeanor convictions , or not more than one felony conviction and one misdemeanor conviction in this state or any other jurisdiction. When two or more convictions result from or are connected with the same act or result from offenses committed at the same time, they shall be counted as one conviction. When two or three convictions result from the same indictment, information, or complaint, from the same plea of guilty, or from the same official proceeding, and result from related criminal acts that were committed within a three-month period but do not result from the same act or from offenses committed at the same time, they shall be counted as one conviction, provided that a court may decide as provided in division (C)(1)(a) of section 2953.32 of the Revised Code that it is not in the public interest for the two or three convictions to be counted as one conviction."

Expert:  Colleen Grady replied 8 months ago.

Please let me know if you have more questions.

Customer: replied 8 months ago.
Thank you. Goodbye. REB

Related Criminal Law Questions